Complete Guide to Iranian Law
Recovery of Possession (Khal-e Yad) in Iran
Removing an unlawful occupier, how it differs from adverse-possession and eviction claims, co-owned property, compensation for use and enforcement
What is a khal-e yad claim?
Khal-e yad is the owner’s claim against someone who occupies real property without permission or legal right. It is an ownership-based action: the claimant must prove title, normally with an official deed for registered property. A buyer holding only a private sale agreement must first, or simultaneously, sue for registration of the official deed.
It differs from an adverse-possession claim, which rests on prior possession rather than ownership, and from eviction, which ends a contractual relationship such as a lease. Choosing the wrong action is a common reason property claims fail.
Co-owned property and compensation
In co-owned or inherited property, a co-owner occupying the whole without consent can be sued for removal from the others’ shares and for compensation for use (ojrat-ol-mesl), assessed by a court expert. Partition or a sale order may offer a more lasting solution.
After judgment, an enforcement officer removes the occupier and hands the property to the owner. Shahin Group checks the land-registry status, frames the claim correctly, attends the expert assessment and follows enforcement to handover.
